Sexual Harassment

Purpose/Policy

Loyola University Chicago is committed to maintaining an environment which respects the dignity of all individuals. Accordingly, Loyola University will not tolerate sexual harassment by or of its students, faculty, or employees. To the extent practicable, Loyola University will attempt to protect the Loyola community from sexual harassment by vendors, consultants, and other third parties who interact with the Loyola community. Loyola University is promulgating this policy to reaffirm its opposition to sexual harassment and to emphasize that learning opportunities and employment opportunities must not be interfered with by sexual harassment.

Loyola University will attempt to take prompt corrective action against any sexual harassment by or of its students, faculty, or employees. This policy is designed to encourage persons who believe that they have been harmed by sexual harassment to bring the conduct to the attention of appropriate individuals within the University so that the University can take prompt corrective action. All appropriate individuals, including managers, are directed to implement the procedures outlined in this policy.

All complaints are taken seriously and no one reporting sexual harassment, including third parties, will suffer retaliation or reprisal. Complaints of sexual harassment will be treated in confidence to the extent feasible, given the need to conduct a thorough investigation and to take corrective action. If it is determined through an appropriate and prompt investigation that sexual harassment has occurred, effective corrective action will be taken to eliminate the sexual harassment and to attempt to ensure that it does not recur. Depending on circumstances and the severity of the conduct, corrective action could range from an oral/written warning to dismissal or expulsion.

Reporting Procedures

To file a complaint of sexual harassment, you are strongly encouraged to contact the appropriate office listed below or use the EthicsLine Reporting Hotline.

Students: Contact the Dean of Students Office located in Damen Student Center, 6511 N. Sheridan Road, Suite 300, 773-508-8840 or use the EthicsLine Reporting Hotline to file a complaint.

What if the individual(s) notifying / reporting to Loyola requests confidentiality?

Other than the confidential resources listed in this policy, all other Loyola University Chicago faculty and staff employees are required to notify the University of any gender-based misconduct (Title IX) incidents via the EthicsLine Reporting Hotline.

Specifically:

Name(s) of the alleged perpetrator(s)- If known;

Name(s) of the individuals(s) who experienced the gender-based violence or sexual misconduct- If known;

All other relevant details of the reported misconduct, including the date, time, and location of the incident(s).

Only persons who, by law, are exempt (University mental and medical health professionals, Sexual Assault Advocates in the state of Illinois and University clergy acting in that role) may keep gender-based misconduct (Title IX) concerns confidential. If the individual(s) does not wish to participate in a formal resolution, the University will take this into consideration. It is only in selected cases that Loyola will still decide to take action in order to ensure the safety of the Loyola community.

Definitions

The Equal Employment Opportunity Commission, the federal agency responsible for enforcing certain federal laws prohibiting discrimination, has issued the following definition of sexual harassment in Guidelines subsequently approved by the Supreme Court:

submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,

submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." EEOC 1980 Guidelines on Sexual Harassment, 29 CFR ' 1604.11 (emphasis supplied).

This definition and subsequent case law make it clear that there are two kinds of sexual harassment:

quid pro quo harassment, in which the harasser either provides or denies an employment or educational benefit in exchange for sexual favors, or makes an adverse employment or educational decision the basis of rejection of sexual advances.

hostile environment harassment, in which the working (or learning) environment is made abusive. An abusive or hostile environment is one that is reasonably and actually perceived by the complaining party as abusive by making it more difficult to do one's job or pursue one's education.

In order to meet the legal definition of hostile environment harassment, the harassment must be either severe or pervasive. Courts will look to the totality of the circumstances on a case-by-case basis to determine whether hostile environment harassment has occurred. There is no mathematical formula; the existence of unlawful sexual harassment depends on the facts and circumstances.

Examples of quid pro quo sexual harassment include, but are not limited to, the following: a supervisor granting a promotion to a subordinate because the subordinate unwillingly consents to have sexual relations with the supervisor; a supervisor firing a subordinate because the subordinate refuses to have sexual relations with the supervisor; a faculty member providing an undeserved failing grade to a student because he or she refuses to have sexual relations with the professor; a faculty member giving an undeserved high grade to a student because the student consents to have unwanted sexual relations with the professor; a faculty member providing positive references or evaluations for another student in exchange for sexual favors; a student providing positive references or evaluations for another student in exchange for sexual favors.

Examples of hostile environment harassment include, but are not limited to, the following: requiring that employees or students provide sexual favors; persistent sexual slurs; sexual stalking; repeated requests for an unwelcome sexual relationship; continual sexually suggestive jokes, gestures or sounds directed toward another; a pattern of widespread favoritism based on sexual relationships; the open display of pornography or suggestive materials offensive to others; unwelcome sexual touching, such as fondling or pinching of private body parts. A hostile environment can exist by virtue of a combination of individual incidents that would not, individually, constitute sexual harassment. In order for these examples or other behaviors to constitute hostile environment harassment, the effect of the harassment must be to create an abusive or hostile environment usually over a period of time.

Both men and women are protected from sexual harassment, whether that harassment is perpetrated by a member of the same or opposite sex. Sexual harassment can be committed by a male or a female toward either a male or a female. This policy applies to faculty and staff, up to and including Officers and Trustees of the University.

Procedures Applicable to Faculty

If a member of the Loyola community has a concern about possible sexual harassment by a faculty member, the individual must advise the academic Chairperson, Dean, or the Dean's designate where the faculty member's appointment resides or is teaching. If a member of the Loyola community has a concern about possible sexual harassment by a faculty member holding an administrative appointment (e.g., Department Chair, Assistant Dean, Associate Dean), the individual must advise the academic Dean or the Dean's designate where the faculty member's appointment resides. If a member of the Loyola Community has a concern about possible sexual harassment by an Academic Dean, the individual must advise the appropriate senior academic officer or that officer's designate.

Within the University, there are many instances of students who are registered in a particular school (for example, the Quinlan School of Business) but who are taught by faculty whose appointments reside in departments of another school (for example, the College of Arts and Sciences). In addition, students enrolled in the Graduate School or Mundelein College, for example, are taught by faculty whose appointments are located generally in academic departments which report to deans of other schools. In these instances, and others similar to them, if a complaint of sexual harassment is raised, the Dean (or designate) to whom the faculty member ultimately reports will inform and consult the Dean of the School in which the student is registered. Likewise, if the dean of the school in which the student is registered receives a complaint, the student's academic dean (or designate) will report the matter to the faculty member's dean (or designate) for further disposition.

There are three steps that members of the Loyola community may consider (but not necessarily have to follow in order) when concerned about possible sexual harassment:

Confidential Consultation

There exist a couple of University services which provide confidential counseling for faculty personal concerns. The following are the categories of confidential resources where assistance can be requested while ensuring complete confidentiality:

Employee Assistance Program (Off-Campus Resource): The Employee Assistance Program is offered, at no cost, through Perspectives, Ltd, and it is available to all Faculty and Staff Employees and their families at (800) 456-6327 or to access Perspectives online, please go to www.perspectivesltd.com and the username is: LOY500 and the password is: perspectives

Pastoral Counselors: A pastoral counselor is a person who is associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling, and functioning within the scope of that recognition as a pastoral counselor. (In the Catholic faith, this would mean a priest from whom a person has sought private spiritual counsel.) Campus Ministers are generally not confidential resources, but Campus Ministry can help you locate a pastoral counselor or call 773-508-2200.

Disclosure of an incident of sexual harassment or other gender-based misconduct to one of these confidential resources does not constitute “reporting” the incident to the University. The disclosure will not be shared with any other University employee or office, including the Title IX Deputy Coordinator. No other official action will be taken unless explicitly requested by the faculty member.

Informal Remedies

Upon receiving notice of a complaint of alleged sexual harassment by a faculty member, the complainant will likely be interviewed so that the appropriate academic Chairperson, Dean, Dean's designate, or senior academic officer gets as complete a description of the alleged harassment as possible. As part of the investigation, the alleged harasser will likely be informed of the complaint.

If feasible, informal remedies may be attempted to resolve the complaint. These remedies may include, but are not necessarily limited to:

The alleged harasser being asked, either orally or in writing, to cease the behavior.

Third party assistance to the complainant and the alleged harasser to resolve past differences with complainant, and to establish guidelines for future interactions.

Changing the work or academic environment of the complainant.

Formal Remedies

Informal resolution of sexual harassment complainants are not always appropriate, because of the nature of the behavior, the lack of success of the informal remedies, or the interests of the complainant or the alleged harasser. In such a case, whether the complainant agrees or not, a formal investigation of the sexual harassment complaint will be undertaken by the appropriate academic Dean or Dean's designate. Because of diversity among colleges, schools, and departments, no one method of investigating of sexual harassment complaint is prescribed. However, the complainant will likely be interviewed so that the Dean or the Dean's designate gets as complete a description of the alleged harassment as possible. As part of the investigation, the alleged harasser will likely be informed of the complaint. The Dean or the Dean's designate also will obtain other information and evidence appropriate to the investigation to complete the recommendation to the appropriate senior academic officer. In situations where the appropriate academic Dean intends to recommend non-renewal of an appointment or the termination of a tenured faculty member, the dean will provide the recommendation to the appropriate senior academic officer for final determination. The University reserves the right to continue investigation into the allegations with, or without, the complainant's cooperation.

Procedures for Staff

There are a couple of options a staff member of the Loyola community may consider (but not necessarily have to follow in order) when concerned with possible sexual harassment:

Confidential Consultation

There exist a couple of University services which provide confidential counseling for staff personal concerns. The following are the categories of confidential resources where assistance can be requested while ensuring complete confidentiality:

Employee Assistance Program (Off-Campus Resource): The Employee Assistance Program is offered, at no cost, through Perspectives, Ltd, and it is available to all Faculty and Staff Employees and their families at (800) 456-6327 or to access Perspectives online, please go to www.perspectivesltd.com and the username is: LOY500 and the password is: perspectives

Pastoral Counselors: A pastoral counselor is a person who is associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling, and functioning within the scope of that recognition as a pastoral counselor. (In the Catholic faith, this would mean a priest from whom a person has sought private spiritual counsel.) Campus Ministers are generally not confidential resources, but Campus Ministry can help you locate a pastoral counselor or call 773-508-2200.

Disclosure of an incident of sexual harassment or other gender-based misconduct to one of these confidential resources does not constitute “reporting” the incident to the University. The disclosure will not be shared with any other University employee or office, including the Title IX Deputy Coordinator. No other official action will be taken unless explicitly requested by the staff member.

Informal Remedies

A staff person may approach the Human Resources department to lodge a complaint of alleged sexual harassment. A Human Resources representative will interview the Complainant to get as complete a description of the alleged harassment as possible. If feasible, informal remedies will be first attempted to resolve the issue. These remedies may include, but are not necessarily limited to:

The alleged harasser being asked, either orally or in writing, to cease the behavior.

Third party assistance to the complainant and the alleged harasser to resolve past differences with complainant, and to establish guidelines for future interactions.

Change in work environment or reporting relationships. The success of these efforts will be monitored by the Human Resource representative keeping in contact with the Complainant.

Formal Remedies

A complainant may wish to lodge a formal complaint when informal remedies may not be appropriate either because of the nature of the behavior or the lack of success of the informal route. In such a case, whether the complainant agrees or not, a formal investigation through the existing staff Complaint Procedure will be undertaken. In the course of investigation, absolute confidentiality cannot be guaranteed. An individual from Human Resources will gather evidence and present a recommendation to the department head and/or vice-president regarding the validity of the complaint and appropriate disciplinary action, if warranted. Both the Complainant and the alleged harasser will be told of the results of the investigation. The University reserves the right to continue investigation into the allegations with, or without, the complainant's cooperation.

Procedures for Students

There are three options a student of the Loyola community may consider (but not necessarily have to follow in order) when concerned with a possible sexual harassment:

Confidential Consultation

When a survivor or other student would like confidential support and/or does not wish to file a formal report (or is unsure) but would like assistance from someone at the University, the individual may speak with a confidential resource.

The following are the three categories of confidential resources on campus where assistance can be requested while ensuring complete confidentiality and the Title IX Deputy Coordinator will NOT be notified:

Counseling and Medical Professionals: Available at the Wellness Center, or call 773-508-8883 to schedule an appointment.

Pastoral Counselors: A pastoral counselor is a person who is associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling, and functioning within the scope of that recognition as a pastoral counselor. (In the Catholic faith, this would mean a priest from whom a person has sought private spiritual counsel.) Campus Ministers are generally not confidential resources, but Campus Ministry can help you locate a pastoral counselor or call 773-508-2200.

Disclosure of an incident of sexual harassment or other gender-based misconduct to one of these confidential resources does not constitute “reporting” the incident to the University. The disclosure will not be shared with any other University employee or office, including the Title IX Deputy Coordinator. No other official action will be taken unless explicitly requested by the student.

Informal Remedies

A student may approach the Dean of Students staff or the Residence Life staff to lodge a complaint of alleged sexual harassment. The staff member will interview the student to get as complete a description of the alleged harassment as possible. If feasible, informal remedies will be first attempted to resolve the issue. These remedies may include, but are not necessarily limited to:

The alleged harasser being asked, either orally or in writing, to cease the behavior.

Third party assistance to the complainant and the alleged harasser to resolve past differences with complainant, and to establish guidelines for future interactions.

Change in academic, work, or living environment.

Formal Remedies

A student may wish to lodge a formal complaint when informal remedies may not be appropriate either because of the nature of the behavior or the lack of success of the informal route. In such a case, the formal process is handled through the University Conduct system. The conduct process is confidential to the extent possible and applies to the accused harasser, the complainant, staff members, witnesses, and/or advisors. In the course of the investigation, however, absolute confidentiality cannot be guaranteed.

The process begins with a written incident report. Incident report forms are available in the Dean of Students office or in the Residence Life office at the Lake Shore campus, and the Student Life office at Water Tower Campus. The Dean of Students will assign the case within the conduct system. This process will determine the validity of the complaint and recommend appropriate disciplinary action, if warranted. Both the complainant and the alleged harasser will be informed of the results.

Alternatively, complaints regarding faculty or staff will be transferred to the appropriate person in those lines of authority. The University reserves the right to continue investigation into the allegations with, or without, the complainant's cooperation

Title IX

The University is required by Title IX not to discriminate on the basis of sex, questions regarding Title IX may be referred to the Title IX Coordinator or the Department of Education’s Office of Civil Rights.